STATE v. MOHAMED

No. A08-1832.

779 N.W.2d 93 (2010)

STATE of Minnesota, Respondent, v. Remedan Bekri MOHAMED, Appellant.

Court of Appeals of Minnesota.

February 23, 2010.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, Susan Gaertner, Ramsey County Attorney, Thomas R. Ragatz, Assistant County Attorney, St. Paul, MN, for respondent.

Marie L. Wolf, Interim Chief Appellate Public Defender, Michael W. Kunkel, Assistant State Public Defender, St. Paul, MN, for appellant.

Considered and decided by ROSS, Presiding Judge; PETERSON, Judge; and WRIGHT, Judge.


OPINION

WRIGHT, Judge.

Appellant challenges his sentence of 67 months' imprisonment, which constitutes an upward durational departure from the presumptive guidelines sentence for malicious punishment of a child resulting in great bodily harm, Minn.Stat. § 609.377, subds. 1, 6 (2006). Appellant argues that the three aggravating factors on which the district court relied were improper bases for a sentencing departure. For the reasons set forth below,...

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